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New debt post seperation pre divorce...

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lookin4h2o

Junior Member
What is the name of your state? Virginia

I would like to start by apologizing in advance if this is a duplicate of a previous question asked. I searched "divorce debt" and received 8+ pages of threads in response. I read many of them over the past two days but didn't see anything specifically like what I am seeking advice for. Again, if I missed it, please direct me to it - I tried :)

I was seperated May of 2003. Divorced January 23, 2004. I filed for divorce July of 2003. He was difficult to locate and did not sign the papers until January 8, 2004. He was unemployed then and probably still is. Due to the fact that he was on my health insurance already and open enrollment for my insurance only occurs in November, I had to keep him on my insurance during this time. It was agreed to in the divorce that he would pay for that insurance and many others things but I had no illussions that he ever would and have been proven to be correct. To protect myself, I have just paid everything. In addition, I have a copy of a sworn and signed statement by my ex-husband and his father to his attorney dated November 2003 stating that as of May 2003 we were no longer linving as husband and wife and that neither of us would be responsible for the others debts. His pregnant girlfriend was getting ready to give birth so I guess that he wanted to cover his tracks.

My issue: I received a phone call from a collection agency last week stating that I owe them for a hospital bill. Apparently he went to a hospital in NC on December 24, 2003. According to the hospital, he gave my name as being the person responsible for paying the hospital bill. I asked the obvious question of if they were sure that they just didn't get my name from the insurance company and they insisted that they didn't. He gave them my name and an address that I have never lived at in the town where his parents live (but it isn't there's). My insurance company has my address and I haven't moved so I believe them. They have filed this against my credit as a judgement. Can one party go out and incur new debt in the other party's name? Wouldn't the signed statement he go against what he did? Is this legal?

Thank you in advance for any help. I am making an appointment with my attorney but any words of wisdom may allow me to sleep better tonight :)
 


LdiJ

Senior Member
lookin4h2o said:
What is the name of your state? Virginia

I would like to start by apologizing in advance if this is a duplicate of a previous question asked. I searched "divorce debt" and received 8+ pages of threads in response. I read many of them over the past two days but didn't see anything specifically like what I am seeking advice for. Again, if I missed it, please direct me to it - I tried :)

I was seperated May of 2003. Divorced January 23, 2004. I filed for divorce July of 2003. He was difficult to locate and did not sign the papers until January 8, 2004. He was unemployed then and probably still is. Due to the fact that he was on my health insurance already and open enrollment for my insurance only occurs in November, I had to keep him on my insurance during this time. It was agreed to in the divorce that he would pay for that insurance and many others things but I had no illussions that he ever would and have been proven to be correct. To protect myself, I have just paid everything. In addition, I have a copy of a sworn and signed statement by my ex-husband and his father to his attorney dated November 2003 stating that as of May 2003 we were no longer linving as husband and wife and that neither of us would be responsible for the others debts. His pregnant girlfriend was getting ready to give birth so I guess that he wanted to cover his tracks.

My issue: I received a phone call from a collection agency last week stating that I owe them for a hospital bill. Apparently he went to a hospital in NC on December 24, 2003. According to the hospital, he gave my name as being the person responsible for paying the hospital bill. I asked the obvious question of if they were sure that they just didn't get my name from the insurance company and they insisted that they didn't. He gave them my name and an address that I have never lived at in the town where his parents live (but it isn't there's). My insurance company has my address and I haven't moved so I believe them. They have filed this against my credit as a judgement. Can one party go out and incur new debt in the other party's name? Wouldn't the signed statement he go against what he did? Is this legal?

Thank you in advance for any help. I am making an appointment with my attorney but any words of wisdom may allow me to sleep better tonight :)
You need to get your attorney to handle this for you. If you filed for divorce in July of 2003 and this hospital stay didn't happen until December of 2003 I don't think that you can be held legally responsible, no matter WHAT he told the hospital. However the collection agency is going to do their best to collect from you anyway...that is their job....and its best to have an attorney cut them off at the knees. It may take nothing more than a letter from your attorney.
 

lookin4h2o

Junior Member
Thank you!

LdiJ said:
You need to get your attorney to handle this for you. If you filed for divorce in July of 2003 and this hospital stay didn't happen until December of 2003 I don't think that you can be held legally responsible, no matter WHAT he told the hospital. However the collection agency is going to do their best to collect from you anyway...that is their job....and its best to have an attorney cut them off at the knees. It may take nothing more than a letter from your attorney.
Thank you so much for taking the time to reply :) My appointment is not until Monday, so I would be "stewing" until then. The thought of it being legal somehow for him to create new debt because he had not signed the papers yet didn't seem right but I didn't know if there were loopholes out there. Thanks again!
 

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